Need To Run Background Checks In Hawaii? Fair Credit Reporting Act (FCRA) In order to set a standard for hiring […]
\n","content":"We update this overview of Hawaii background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.
\n\n\n\nHI Revised Statutes §378-2 Discriminatory practices made unlawful; offenses defined.
Our Take: Employers in Hawaii cannot make employment decisions based on the applicant’s credit information unless the position is significantly linked to the qualifications of the position.
[§378-2.7] Employer inquiries into and consideration of credit history or credit report.
Our Take: Employers in Hawaii can only investigate and consider an applicant’s credit information after a job offer has been made to the applicant. This job offer may be taken off the table if the applicant’s credit information negatively relates to the qualifications of the position. The restriction that says an employer cannot hire does not apply to: (1) employers who are required or authorized under federal or state law to review an applicant’s credit information; (2) managerial or supervisory positions; and (3) positions at federally insured financial institutions.
HI Revised Statutes §378-2.5 (a) (b) – Employer inquiries into conviction records
Our Take: In Hawaii, a job applicant’s criminal conviction records can be used to make decisions about employment if the conviction record is reasonably linked to the duties and responsibilities of the position in question. However, this criminal conviction record should be limited to felony convictions occurring in the past 7 years and misdemeanors occurring in the past 5 years, and it may only be taken into account after a conditional job offer has been made. There are some exceptions to this rule depending on the nature of the position sought.
STATE LAWS — PUBLIC AND PRIVATE COMPANIES
\n\n\n\nWho Must Follow: This ban-the-box law applies to all employers in Hawaii.
\n\n\n\nTiming of inquiry: Employers in Hawaii may only inquire into criminal history after a conditional offer.
\n\n\n\nConsideration of records: Employers may only inquire into convictions (within 7 years for felonies and within 5 years for misdemeanors) and pending cases.
\n\n\n\nAdverse action implications: None
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